Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 08-15-2006, 03:24 AM
Junior Member
 
Join Date: Aug 2006
Posts: 3
wearychooch is on a distinguished road
Default What Would Happen

I've been in a common law marriage for 10.5 years. We had two children together and she has one from a previous marriage. We bought our house 5 yrs ago and I paid for everything and still pay for everything(bills insurance renovations appliances furnishings mortgage) the house is in my name. I make about 60k and she makes 21k. What would happen if we separated. I'm a little worried as things aren't going to well.

Very Weary
  #2 (permalink)  
Old 08-15-2006, 12:48 PM
Member
 
Join Date: May 2006
Posts: 63
mom22galz is on a distinguished road
Default COULD happen response, not WOULD happen...

I hear you, weary! I’m in a similar boat. 13 yr CL relationship, 2 kids, I’ve bought and paid for everything, the house is in my name, income difference upwards of 60k.

If the ex wins custody, you’ll likely be living off a max of 55% of the net family income, while 45% of the net family income will go towards combined spousal and child support for long-term relationships (over 10 years).

There are specific tables for child support, based on the payor’s income and # of children. Here’s the link to the Ontario tables: http://www.justice-canada.org/fr/ps/...l1_4/ont_b.pdf For 3 children and 60k income, tabled payment amount is $1177/mo.

To then determine spousal support, it’s a very complicated formula. Spouse’s notional CS amount, which only comes in to play for the purpose of calculating spousal support = $435/mo, based on a 21k income & 3 kids.

The Basic With Child Support Formula
(1) Determine the individual net disposable income (INDI) of each spouse:
Guidelines Income minus Child Support minus Taxes and Deductions = Payor’s INDI
Guidelines Income minus Notional Child Support minus Taxes and Deductions Plus Government Benefits and Credits = Recipient’s INDI
(2) Add together the individual net disposable incomes. Determine the range of spousal support amounts that would be required to leave the lower income recipient spouse with between 40 and 46 percent of the combined INDI.

And in some cases, the courts have ruled that 60% goes to the custodial parent while the NCP lives off of 40%. Shared and split custody all affect the calculations. See http://www.westlawecarswell.com/spousal/6.asp

“With the implementation of the Federal Child Support Guidelines came the increased use of computer software. The software regularly and graphically displays information like net disposable income, cash flow and household standards of living. This information has made spouses, lawyers and courts more conscious of the financial implications of child and spousal support, in turn reflected in the use of these concepts in determining the amount of spousal support.
Before the Federal Child Support Guidelines, and even afterwards for a while, most courts were not prepared to award more than 50 percent of the family’s net disposable income to the custodial spouse and children, leaving the single payor spouse with the other 50 percent. With the new software, many courts began consciously to allocate more than 50 percent of a family’s net disposable income to the custodial parent and children, and even as much as 60 percent, as in the Ontario Court of Appeal decision in Andrews v. Andrews and in numerous trial decisions across the country.”


And while there are no automatic property rights under Ontario’s common law, the ex could also raise a claim of unjust enrichment against you. Jeff has a great site at http://www.common-law-separation-can...y-division.htm which explains unjust enrichment among other things.

As mentioned in the title, this is a worst case of what could happen, based on what I've been told in my own situation. I hope the forum moderators will correct me if an assumption is off base. Don't want to mislead you...

Lots to contemplate!
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Divorce Law are a Joke and Dads are the Punch Line Decent Dad Political Issues 389 11-03-2012 05:45 PM
Spousal Support zed Common Law Issues 1 08-14-2006 01:54 PM
Expenses and percentages? hubby Financial Issues 7 02-09-2006 10:44 AM


All times are GMT -4. The time now is 11:51 PM.